(1) If a person is convicted of an offence against Part 7.3 or 7.4 of the Criminal Code in relation to this Act, the court may:
(a) impose a penalty in relation to the offence; and
(b) order the person to pay the Commonwealth an amount equal to any amount:
(i) paid to, or in relation to, the person by way of an instalment of parental leave pay because of the act, failure or omission that constituted the offence; or
(ii) paid to the person by way of a PPL funding amount because of the act, failure or omission that constituted the offence.
Note: The Secretary and a court may give a certificate in relation to the amount referred to in paragraph (1)(b) (see sections 138 and 139).
(2) Despite anything in this Act or any other law, a person is not to be imprisoned for failing to pay an amount payable to the Commonwealth under paragraph (1)(b).